BILL NUMBER: AB 646	CHAPTERED  10/10/99

	CHAPTER   832
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999

INTRODUCED BY   Assembly Member Bates

                        FEBRUARY 23, 1999

   An act to amend Section 38139 of, and to add Section 49068.6 to
the Education Code, relating to school safety.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 646, Bates.  School safety:  missing children.
   Existing law establishes the Safe School Policing Partnership Act
of 1998, to be administered by the School/Law Enforcement
Partnership, for the purpose of awarding grants to school districts
and county offices of education, or consortia thereof, to develop and
implement plans that demonstrate a collaborative and integrated
approach for implementing a system of providing safe and secure
environments.
   Existing law requires each public primary and secondary school to
post, at an appropriate area restricted to adults, information
regarding missing children.  Existing law establishes certain records
requirements for enrollment and transfer of private and public
school pupils.
   This bill would require the law enforcement agency responsible for
the investigation of a missing child to inform the school district,
other local educational agency, or private school, in which the child
is enrolled, that the child is missing and would authorize local law
enforcement agencies to establish a process for informing schools
about abducted children.  The bill would require that the notice be
in writing, include a photograph, if available, and be given within
10 days of the child's disappearance.  The bill would require every
school so notified to place a notice that the child has been reported
missing on the front of each missing child's school record.  If a
school receives a record inquiry or request for a missing child about
whom the school has been notified, the bill would require the school
to immediately notify the law enforcement authorities who informed
the school of the missing child's status.  By establishing these
additional duties for law enforcement agencies and schools, this bill
would impose a state-mandated local program.  The bill would also
correct an obsolete cross-reference in existing law.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 38139 of the Education Code is amended to read:

   38139.  (a) Public primary schools shall post at an appropriate
area restricted to adults information regarding missing children
provided by the Department of Justice pursuant to Section 14208 of
the Penal Code.
   (b) Public secondary schools shall post at an appropriate area
information regarding missing children provided by the Department of
Justice pursuant to Section 14208 of the Penal Code.
  SEC. 2.  Section 49068.6 is added to the Education Code, to read:
   49068.6.  (a) Any law enforcement agency responsible for the
investigation of a missing child shall inform the school district,
other local educational agency, or private school, in which the child
is enrolled, that the child is missing.  The notice shall be in
writing, shall include a photograph of the child if a photograph is
available, and shall be given within 10 days of the child's
disappearance.
   (b) Every school notified pursuant to this section shall place a
notice that the child has been reported missing on the front of each
missing child's school record.  For public schools this shall be in
addition to the posting requirements set forth in Section 38139.
   (c) Local law enforcement agencies may establish a process for
informing local schools about abducted children pursuant to this
section.
   (d) If a school receives a record inquiry or request from any
person or entity for a missing child about whom the school has been
notified pursuant to this section, the school shall immediately
notify the law enforcement authorities who informed the school of the
missing child's status.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
